Opinion
C.A. No. 01C-03-042 WLW.
Submitted: February 17, 2004.
Decided: May 26, 2004.
Upon Plaintiffs' Consolidated Motions for Costs. Defendant Southern States' Motion for Costs. Granted in part; Denied in part.
I. Barry Guerke, Esquire, Parkowski Guerke Swayze, P.A., Dover, Delaware, attorneys for the Midcap Plaintiffs.
Paul R. Bartolacci, Esquire, Cozen O'Connor, Philadelphia, Pennsylvania, attorneys for Plaintiff Allstate Insurance Company.
William J. Cattie, III, Esquire, Cattie and Fruehauf, Wilmington, Delaware, attorneys for Defendant Sears, Roebuck and Co.
Daniel P. Bennett, Esquire, Heckler Frabizzo, Wilmington, Delaware, attorneys for Defendant Southern States Milford Cooperative, Inc.
ORDER
Introduction
Before this Court are Plaintiffs' consolidated motions for costs and Defendant Southern States' motion for costs. Defendant Sears opposes the Plaintiffs' motions and Plaintiffs oppose Southern States' motion.
Background
This case arises from a propane gas explosion which occurred at the Midcap home, killing Terry Midcap and destroying the structure. Following a three-week jury trial, the jury concluded that Southern States was not negligent or that Southern States' negligence was not a proximate cause of the accident and resulting damages. However, Defendant Sears Roebuck Company (" Sears") was found negligent and Plaintiffs were awarded damages as follows:
Maria S. Midcap $1,084,794.00
Natalia Midcap $ 271,198.00
Sharon Midcap $ 271,198.00
Carla Midcap $ 542,396.00
Estate of Terry Midcap (survival action) $ 500,000.00
Allstate Insurance Company $ 462,116.25 ============= TOTAL $3,131,702.25
As the prevailing parties, Plaintiffs and Defendant Southern States are allowed to recover their reasonable costs. Plaintiffs are now requesting that this Court award them the costs they incurred as a result of the trial totaling $45,278.06. Southern States is requesting costs totaling $5,331.25.
Discussion
Title 10 Del. C. § 5101 of the Delaware Code provides that "[g]enerally a party for whom final judgment in any civil action . . . is given . . . shall recover, against the adverse party, costs of suit, to be awarded by the court." Superior Court Civil Rule 54 provides, "Except when express provision therefor is made either in a statute or in these Rules or in the Rules of the Supreme Court, costs shall be allowed as of course to the prevailing party . . . unless the Court otherwise directs." Determining when costs are to be awarded is a matter of judicial discretion and there may be circumstances under which costs are not awarded to the prevailing party. Importantly, there is nothing in the statute which permits "assessment of costs of an unsuccessful party against a prevailing party."
10 Del. C. § 5101 (2003).
SUPER. CT. CIV. R. 54(d).
Donovan v. Delaware Water and Air Resources Commission, 358 A.2d 717, 722-723 (Del. 1976).
Id. at 723.
Plaintiffs' Costs
The Midcap Plaintiffs have requested that the Court award the following costs against Sears:
1. Videotape deposition fee of William Latham III, Ph.D. $ 1,250.00
2. Court reporter's attendance fee and costs of videotaping and preparing the transcript of Dr. Latham's trial deposition which was introduced at trial. $ 645.53
3. Court reporter's attendance fee and costs of preparing the transcript of the deposition of Richard Besler, excerpts of which were introduced at trial. $ 438.00
4. Court reporter's attendance fee and costs of preparing the transcript of the deposition of April M. Reh, excerpts of which were introduced at trial. $ 99.07
5. Court reporter's attendance fee and costs of preparing the transcript of the depositions of Gary Rhoads and James Enfield, excerpts of both of which were introduced at trial. $ 669.75
6. Filing fees and suit deposit. $ 125.00
7. Service of process fee payable to the Sheriff of Kent County for service of summons on the Defendants. $ 30.00
8. Service of process fee payable to the Sheriff of New Castle County for service of summons on the Defendants $ 65.00
9. Payment of additional deposit fees to the Kent County Prothonotary. $ 225.00
10. The trial deposition fee of Cyril H. Wecht, M.D., expert forensic pathologist, which was introduced at trial. $ 2,500.00
11. The court reporter's attendance fee and costs of preparing the transcript of Dr. Wecht's trial deposition which was introduced at trial. $ 254.00
12. Trial appearance and expert witness fee of Robert P. Wolf, Ed.D, M.B.A. $ 4,000.00
13. Trial appearance and expert witness fee of Andrew F. Pitts, M.D., Ph.D., Plaintiffs' psychiatrist. $ 525.00
14. Video technician fee and costs for editing the videotape of the deposition of Dr. Latham, which was introduced at trial. $ 210.00
15. Fee for service of subpoenas upon Gary W. Rhodes, James Emerson Enfield, Jr., Robin Raye, Andrew Pitts, M.D., Robert Montgomery, Jr., Scott Bullock, and Richard Ward. $ 465.00
16. Fee to the Kent County Prothonotary for Jury List. $ 25.00
17. Travel and lodging expenses for Glenn Midcap from California to Delaware for trial appearance and testimony. $ 970.82
18. Fee for enlargement of one trial exhibit used at trial. $ 9.00
19. Midcap Plaintiffs' half share of expert witness fees of Alan Bullerdiek in connection with his expert testimony for D.R.E. 702 hearing and trial. $ 9,076.42
[20. Omitted from Plaintiffs' motion.]
21. Midcap Plaintiffs' half share of expert witness fees of Louis Gahagen of Patrick J. McGinley Associates in connection with his expert testimony at trial. $ 4,434.12 ____________ TOTAL MIDCAP PLAINTIFFS $26,016.71
Allstate's requested costs are the following:
1. Plaintiff Allstate's half share of expert witness fees of Alan Bullerdiek in connection with his expert testimony for D.R.E. 702 hearing and trial. $ 9,076.42
2. Plaintiff Allstate's half share of expert witness fees of Louis Gahagen of Patrick J. McGinley Associates in connection with his expert testimony at trial. $ 4,434.13
3. Fees for black and white and color enlargements of trial exhibits used at trial. $ 3,978.26
4. Court reporter's attendance fee and costs of preparing the transcript of the depositions of Gary Rhoads and James Enfield excerpts of both of which were introduced at trial. $ 1,059.40
5. Court reporter's attendance fee and costs of preparing the transcripts of the deposition of Richard Bessler excerpts of which were introduced at trial. $ 713.14 __________ TOTAL ALLSTATE PLAINTIFF $19,261.35 ==========
CONSOLIDATED TOTAL $45,278.06
Sears does not object to a number of the items requested by the Plaintiffs, these include Midap numbers 6, 7, 8, 9, 13, 14, and 17. Therefore, Plaintiffs are entitled to recover these costs. However, Sears does object to the remaining costs.
Expert Testimony Fees
Title 10 Del. C. § 8906 of the Delaware Code provides, "The fees for witnesses testifying as experts . . . in the Superior Court . . . shall be fixed by the court in its discretion, and such fees so fixed shall be taxed as part of the costs in each case and shall be collected and paid as other witness fees are now collected and paid." In Delaware it is well settled "that the expert's fee that is recoverable as a cost of litigation is limited to the time necessarily spent in actual attendance upon the Court for the purpose of testifying." "Attendance" does not include time spent listening to other witnesses for orientation or in consulting with a party or counsel during the trial. The reimbursement for expert testimony encompasses deposition testimony which is introduced into evidence at trial. Videotape Deposition Fee of Dr. Latham
10 Del. C. § 8906 (2003).
State v. 0.0673 Acres of Land, 224 A.2d 598, 602 (Del. 1966).
Id. at 602.
Nygaard v. Lucchesi, 654 A.2d 410 (Del.Super.Ct. 1994).
The invoice for Dr. Latham's services stated that he was billing for:
Reading new documents (Minnehan report), reviewing documents and discussions with plaintiff's attorney in preparation for, travel to and from, and testimony at, a trial deposition in the offices of plaintiff's attorney on September 23, 2002, on the lost support to the widow and family of Terry L. Midcap as requested by I. Barry Guerke, Esq. of Guerke Swayze.
Professional time of William R. Latham III 4.5 hours @ $300 $1,250.00.
See Appendix A of Plaintiffs' Motion for Costs.
However, as stated above, only the time spent testifying at the deposition and reasonable travel time are permitted costs for the deposition testimony of an expert. Sears contends that the appropriate charge would be for 2 hours and 5 minutes based on a deposition time of one hour and five minutes plus travel time of an hour. The Court agrees that Sears is not responsible for Dr. Latham's fee for consultation with the plaintiff's attorney. Because the invoice fails to specify the time Dr. Latham spent on each activity, the Court will accept Sears' estimates of time. Therefore, Plaintiffs are awarded $625.00 for Dr. Latham's trial deposition fee.
Trial Deposition Fee of Dr. Wecht
The Midcaps are attempting to recover $2,500.00 for the telephone trial deposition of Dr. Wecht. The invoice is for a "Pre-Meeting with Attorney Barry Guerke" on the day of the deposition for $1,000.00 and the deposition for $1,500.00. Sears contends that it is not responsible for the pre-deposition meeting between Dr. Wecht and counsel and that the charge for the deposition should be limited to $900. The Court has previously relied upon a 1995 study performed by the Medical Society of Delaware's Medico-Legal Affairs Committee in which a reasonable fee for deposition testimony by a physician was found to be $500 to $900 for a two-hour deposition. Since the study was conducted, the medical care price index has increased by approximately 34.2% according to the U.S. Bureau of Labor statistics. Accordingly, the current rate would be $671 to $1,207 for a two-hour deposition. Dr. Wecht's fee of $1,500 for a two hour deposition is higher than that generally permitted by the Court. Dr. Wecht's deposition was taken via phone, therefore there was no travel time and, according to Defendant Sears, the deposition was less than two hours long. Based on this, the Court will award $750.00 to the Plaintiffs for Dr. Wecht's trial deposition.
Expert Witness Fee of Dr. Wolf
Plaintiffs have submitted a statement from Dr. Wolf, their expert economist, requiring a pre-payment of $4,000.00 for his appearance at the trial. There is no breakdown of Dr. Wolf's hourly rate or what the $4,000.00 covers, however the statement says "[i]f the case settles or is continued, a full refund will be issued, less any trial preparation costs . . ." (emphasis added). Sears contends that Dr. Wolf's trial testimony, including travel time, was approximately one-half day. Without a specific invoice from the Plaintiffs it is impossible to determine whether the $4,000 was for the trial appearance only or if it covered preparation prior to trial. Under either circumstance, $4,000.00 seems to this Court to be an unreasonably high rate for one-half day of trial testimony. No studies have been conducted regarding a reasonable range for economist expert testimony, but according to the Medical Society of Delaware's 1995 study, a reasonable range for a half day of testimony by a physician, adjusted for inflation, is $1,745 to $2,416. This figure accounts for the fact that testifying at a trial disrupts a physician's patient schedule in addition to accounting for the time actually spent testifying. It seems that a reasonable rate for an economist should be no higher than these figures, particularly since an economist testifying in court would not have a patient schedule to disrupt. Based upon this, it appears that $2,000.00 would be a reasonable fee for Dr. Wolf.
Expert Witness Fee of Alan Bullerdiek
Between Allstate and the Midcaps, the Plaintiffs are requesting a total award of costs for Mr. Bullerdiek's services totaling $18,152.84. The prevailing party may only recover the reasonable costs it incurred for an expert witness while the witness was testifying, waiting to testify or traveling to testify. Mr. Bullerdiek testified at the Daubert hearing for less than two hours and at the trial for approximately three hours. There was a day of testimony between the Daubert hearing and the day Mr. Bullerdiek testified at the trial. However, it was the Plaintiffs' choice to have Mr. Bullerdiek testify two days after the Daubert hearing rather than the next day. It seems appropriate to award Plaintiffs' the costs associated with Mr. Bullerdiek's time on the stand, both at the Daubert hearing and during the trial, that is five hours multiplied by his hourly rate of $150.00, totaling $750.00. In addition, Plaintiffs should be awarded Mr. Bullerdiek's reasonable travel expenses and an amount for his time while traveling. Generally, the hourly rate awarded for an expert's travel time is less than that awarded for his time while testifying. Here, Mr. Bullerdiek charged $150.00 per hour for his testimony, a reasonable rate for travel time would be half of that amount. Therefore, Plaintiffs will be awarded $75.00 per hour for Mr. Bullerdiek's travel time, approximately 4 hours for a roundtrip flight between Buffalo and Philadelphia and approximately 4 hours driving time between Philadelphia and Dover, totaling $600.00. In addition, Plaintiffs are entitled to recover the travel expenses associated with Mr. Bullerdiek's trial testimony, including airplane ticket, rental car, taxi, tolls, lodging, and meals, totaling $1,671.86.
Therefore, for Mr. Bullerdiek's expert testimony, Plaintiffs are awarded costs totaling $3,021.86, to be paid 50% to Allstate and 50% to Midcaps.
Expert Witness Fee of Louis Gahagen
Mr. Gahagen testified on a day in which the Court was in session for six hours total and four witnesses testified. According to the invoice provided in the Plaintiffs' motion, Mr. Gahagen charged $4, 895.00 for 44.5 hours. This equates to an hourly rate of $110.00. Based on this, it appears a proper amount to award for Mr. Gahagen's time on the stand is $220.00, which allows for 2 hours on the stand at $110.00 per hour. In addition, Plaintiffs should be awarded reasonable travel expenses for Mr. Gahagen, who traveled from Philadelphia to Dover to testify, a roundtrip travel time of approximately 4 hours. A reasonable hourly rate for travel time is half of his hourly rate for testifying. Therefore, Plaintiffs will be awarded $220.00 for Mr. Gahagen's travel time, making the total award for Mr. Gahagen's services $440.00 to be paid 50% to Allstate and 50% to Midcaps.
Court Reporters' Fees
Superior Court Civil Rule 54(f) provides
The fees paid court reporters for the Court's copy of transcripts of depositions shall not be taxable costs unless introduced into evidence. Fees for other copies of such transcripts shall not be taxable as costs. The production and playback costs associated with any videotape deposition may also be taxable as costs if the video deposition is introduced into evidence.
SUPER. CT. CIV. R. 54(f) (2003).
In Chaplake Holdings, Ltd. v. Chrysler Corp., the Delaware Superior Court denied an award of deposition costs because the depositions were not introduced in their entirety by the prevailing party.
2002 Del. Super. LEXIS 31, *146.
Deposition of William Latham III, Ph. D.
Plaintiffs are attempting to recover the attendance fee of the court reporter and costs of videotaping and preparing the transcript of Dr. Latham's trial deposition. The invoice provided by the Plaintiffs indicates that the charge of $645.53 was for an original and one copy of the transcript of the deposition and the videotape. As stated in Superior Court Civil Rule 54, Plaintiffs may only recover the cost of preparing the Court's copy of the transcript and the cost of videotaping and playing back the deposition video. However, previous decisions by this Court have concluded that awarding costs for the videotaping of a deposition introduced at trial via videotape and the preparation of the transcript are duplicative, and thus not both allowable. Therefore, the amount requested by the Plaintiffs must be adjusted to exclude the costs of the transcripts. Sears contends that the proper cost should be $153.00 based upon the current charge by the official court reporters for the Superior Court as $3.00 per page and the length of the deposition as 51 pages. However, because the invoice does not identify the amount of each item, it seems appropriate to reduce the amount requested by the Plaintiffs by $153.00 for each transcript and award the reduced amount as costs. Therefore, Plaintiffs will be awarded $348.53 for costs associated with the videotaping of Dr. Latham's trial deposition.
Cimino v. Cherry, 2001 Del. Super. LEXIS 181, *9 ( citing Cubberly v. Orr, 1995 Del. Super. LEXIS 469, *6 and Bejger v. Shreeve, 1997 Del. Super. LEXIS 306, *11).
Depositions of Richard Besler, Gary Rhoads, and James Enfield
Plaintiffs are attempting to recover the costs associated with taking the depositions of a number of witnesses. These depositions were not introduced in their entirety during the course of trial; only portions of each were introduced. Sears, relying on a previous decision by the Court, contends that because the depositions were not introduced in their entirety, the Plaintiffs may not recover the costs associated with them. This Court relies upon the reasoning of the Chaplake decision, and finds that Plaintiffs may not recover costs for depositions not introduced in their entirety. Therefore, Plaintiff may not recover the costs of the depositions of Mr. Besler, Mr. Rhoads, and Mr. Enfield.
2002 Del. Super. LEXIS 31 at *146.
Deposition of April Reh
Plaintiffs are attempting to recover their costs associated with the deposition of April Reh, including the preparation of the transcript of the deposition. However, the deposition of Ms. Reh was introduced into evidence by the Defendants, not by the Plaintiffs. Therefore, this item is not a recoverable cost by Plaintiffs.
Deposition of Dr. Wecht
The invoice provided by Anthony Reporting for $254.00 states that it is for the original and one copy of the transcript of Dr. Wecht's trial deposition. Dr. Wecht's testimony was read into evidence using the transcript of the deposition and the transcript was admitted into evidence, therefore this is a cost that may be assessed against the Defendants. However, as stated previously, the Plaintiffs may only be awarded the cost of the preparation of the Court's copy of the transcript. The appropriate cost to be awarded is the official per page rate of the Superior Court court reporters of $3.00 multiplied by 52, the number of pages in the deposition, plus $20.00 for the exhibits. Therefore, this Court will award $176.00 to the Plaintiffs for their costs associated with Dr. Wecht's trial deposition transcript.
Fee to Kent County Prothonotary for Jury List
Plaintiffs have requested to recover $25.00 that they paid to the Prothonotary to obtain a copy of the jury list. Superior Court Civil Rule 54 does not require the Court to award the cost of obtaining the jury list to the prevailing party; this is a matter of judicial discretion. Previously, Superior Court decisions have concluded that the cost of obtaining the jury list was not necessarily incurred and thus not recoverable. This Court agrees that the cost of obtaining a jury list is not a necessary expense and thus denies recovery of this cost.
Donovan, 358 A.2d at 723.
Nygaard, 654 A.2d at 415. See also Maconi v. Price Motorcars, 1993 Del. Super. LEXIS 398, *6.
Fees for Service of Subpoenas
The Midcaps are requesting recovery of their expenses for service of subpoenas upon several of their witnesses by Legal Beagles, a third-party service provider. Defendants, relying upon a recent decision by this Court, contend that service of process charges by third-party service providers may not be taxed as costs. However, if the Midcaps had the Sheriff of Kent County serve the subpoenas on the witnesses, the Sheriff would have charged $15.00 per subpoena. The Court believes that service of subpoenas on witnesses is a necessarily incurred expense in litigation. A review of the invoices from Legal Beagles indicates that they served 8 subpoenas for the Midcaps. Based on this, the Court will award as a cost of litigation the amount the Sheriff would have charged to serve these subpoenas, totaling $120.00.
Barnett v. Braxton, 2003 Del. Super. LEXIS 279, *7.
Trial Exhibits
Plaintiffs have also requested as costs the fees for the enlargement of exhibits used at trial totaling $9.00 for the Midcaps and $3,978.26 for Allstate. However, Plaintiffs "are not entitled to recover costs for trial exhibit enlargements." Therefore, these fees will not be awarded as costs.
Sweren v. Sheehy, 2001 Del. Super. LEXIS 541 at *2 ( citing Sliwinski v. Duncan, Del. Supr., No. 261, 1991, Christie, J. (June 15, 1992)). See also Maconi, 1993 Del. Super. LEXIS 398 at *4 and Hutchinson v. Fish Engineering Corp., 204 A.2d 752 (Del.Ch. 1964).
Defendant Southern States' Costs
Southern States' requested costs are the following:
1. Trial testimony of William Mahre, expert: $2,100.00
2. Trial testimony of Walter I. Hofman, M.D., expert (50%): $2,531.25
3. Trial testimony of Robert F. Minnehan, expert (50%): $ 560.00
4. Attempted service of subpoenas on April Reh and Detective Gordon Bowers: $ 140.00 _________ TOTAL $5,331.25
The jury concluded that Southern States was not negligent or that their negligence was not a proximate cause of the accident. Thus, Southern States is the prevailing party with respect to the case between the Plaintiffs and Southern States. The Plaintiffs' argument that Southern States was not the prevailing party is not supported by the jury verdict. The Plaintiffs cite a case in which the Court concluded that even though the verdict was in favor of the defendant, the plaintiff was justified in bringing the suit and thus, the defendant could not recover his costs. In Moore, Ms. Moore underwent a highly unsatisfactory surgical procedure performed by the defendant which the court believed deserved a full explanation by the defendant. Even though the jury found no professional misconduct, the court concluded that the lawsuit was nonetheless justified, and the defendant was not awarded costs. While the Midcap's lawsuit against Southern States might have been justified, this Court concludes that is not enough to not award costs to the prevailing Defendant. The decision to award costs to the prevailing party is in the discretion of the Court. This Court finds that appropriate costs should be awarded to the prevailing party, here Southern States.
Moore v. Garcia, 1995 Del. Super. LEXIS 344.
Expert Witness Fees
Southern States has applied for an award of costs for its portion of the expert witness fees paid during the course of the trial. The law governing the taxing of expert witness fees as costs was discussed by this Court above.
The invoice for Propane Technical Services for the testimony of William Mahre at the trial was for 14 hours at a rate of $150.00 per hour, totaling $2,100.00. Plaintiffs have not raised any issue regarding the reasonableness of the rate or total hours billed. This appears to be a reasonable hourly rate and it is reasonable, given that his testimony took place over two days, to believe that Mr. Mahre spent 14 hours traveling, waiting to testify, and actually testifying. Therefore, Southern States will be awarded its cost for Mr. Mahre's trial testimony totaling $2,100.00.
The billing statement for Economic Consulting Services for the testimony of Robert Minnehan indicates that there was one hour of preparation at $160.00 per hour, one hour of trial testimony at $320.00 per hour, and eight hours of travel and waiting time at $80.00 per hour. However, time an expert spends in preparation for trial is not taxable as a cost under § 8906. Therefore, because Sears and Southern States agreed to split the cost of the witness, Southern States would only be entitled to recover one-half of $960.00. Southern States will be awarded its costs for Mr. Minnehan's trial testimony and waiting time totaling $480.00.
Southern States' fee for Walter Hofman, M.D. totals $2,531.25, half of the total fee of $5,062.50. The invoice indicates that this is for telephone consultations totaling 1.25 hours which took place in October 2003 and the time (3/4 of a day) for his testimony at the trial. No hourly rate is included on the invoice. Plaintiffs have not disputed the reasonableness of Dr. Hofman's fee, however this Court has previously relied on a 1995 report prepared by the Medical Society of Delaware's Medico-Legal Affairs Committee in which a reasonable fee for a half day of testimony by a medical expert was in the range of $1, 300 to $1,800. According to the U.S. Department of Labor Bureau of Labor Statistics, the Consumer Price Index for medical care has increased from 1995 to October 2003 by 34.2%. This means the range for a reasonable fee for three-quarters of a day of testimony by a medical expert would be $2,616 to $3,623. Accordingly, this Court concludes that Dr. Hofman's fee of $5,062 is not a reasonable fee. Because Dr. Hofman did travel from Pennsylvania to Dover in order to testify, this Court will award Southern States half of $3,623, or $1,811.50 as costs for Dr. Hofman's appearance. The Court further notes that costs for consultations which occurred prior to Dr. Hofman's testimony are not proper costs to be awarded in this case. Attempted Service on April Reh and Detective Bowers
Clough v. Wal-Mart Stores, Inc., 1997 Del. Super. LEXIS 427.
Stevenson v. Henning, 268 A.2d 872, 875 (Del. 1970) ("[O]nly travel time and waiting time may be added as `time necessarily spent in attendance upon the court.' . . . [D]efendants must take the expense of orienting and consulting with their expert witnesses . . .")
Southern States is attempting to recover fees for the attempted service of subpoenas on April Reh and Detective Bowers. In attempting to serve these two witnesses, Southern States used the services of Brandywine Process Servers, Inc., which charged $35.00 per attempt. Generally service of process charges incurred by third-party service providers may not be taxed as costs. However, if Southern States had the Sheriff of Kent County serve the subpoenas on the witnesses, the Sheriff would have charged $15.00 per subpoena. This Court believes that service of subpoenas on witnesses is a necessarily incurred expense in litigation. A review of the invoices from Brandywine Process Servers indicates that they made four attempts for service. Based upon this, the Court will award as a cost of litigation the amount the Sheriff would have charged to serve these subpoenas, totaling $60.00.
Barnett, 2003 Del. Super. LEXIS 279 at *7.
Conclusion
Based on the above discussion, the Court awards the following items as costs to the Midcap Plaintiffs:
1. Videotape deposition fee of William Latham III, Ph.D. $ 625.00
2. Court reporter's attendance fee and costs of videotaping and preparing the transcript of Dr. Latham's trial deposition which was introduced at trial. $ 348.53
3. Court reporter's attendance fee and costs of preparing the transcript of the deposition of Richard Besler, excerpts of which were introduced at trial. $ 0.00
4. Court reporter's attendance fee and costs of preparing the transcript of the deposition of April M. Reh, excerpts of which were introduced at trial. $ 0.00
5. Court reporter's attendance fee and costs of preparing the transcript of the depositions of Gary Rhoads and James Enfield, excerpts of both of which were introduced at trial. $ 0.00
6. Filing fees and suit deposit. $ 125.00
7. Service of process fee payable to the Sheriff of Kent County for service of summons on the Defendants. $ 30.00
8. Service of process fee payable to the Sheriff of New Castle County for service of summons on the Defendants $ 65.00
9. Payment of additional deposit fees to the Kent County Prothonotary. $ 225.00
10. The trial deposition fee of Cyril H. Wecht, M.D., expert forensic pathologist, which was introduced at trial. $ 750.00
11. The court reporter's attendance fee and costs of preparing the transcript of Dr. Wecht's trial deposition which was introduced at trial. $ 176.00
12. Trial appearance and expert witness fee of Robert P. Wolf, Ed.D, M.B.A. $ 2,000.00
13. Trial appearance and expert witness fee of Andrew F. Pitts, M.D., Ph.D., Plaintiffs' psychiatrist. $ 525.00
14. Video technician fee and costs for editing the videotape of the deposition of Dr. Latham, which was introduced at trial. $ 210.00
15. Fee for service of subpoenas upon Gary W. Rhodes, James Emerson Enfield, Jr., Robin Raye, Andrew Pitts, M.D., Robert Montgomery, Jr., Scott Bullock, and Richard Ward. $ 120.00
16. Fee to the Kent County Prothonotary for Jury List. $ 0.00
17. Travel and lodging expenses for Glenn Midcap from California to Delaware for trial appearance and testimony. $ 970.82
18. Fee for enlargement of one trial exhibit used at trial. $ 0.00
19. Midcap Plaintiffs' half share of expert witness fees of Alan Bullerdiek in connection with his expert testimony for D.R.E. 702 hearing and trial. $ 1,885.93
[20. Omitted from Plaintiffs' motion.]
21. Midcap Plaintiffs' half share of expert witness fees of Louis Gahagen of Patrick J. McGinley Associates in connection with his expert testimony at trial. $ 220.00 ___________ TOTAL MIDCAP PLAINTIFFS $ 8,276.28
The following costs will be awarded to Allstate:
1. Plaintiff Allstate's half share of expert witness fees of Alan Bullerdiek in connection with his expert testimony for D.R.E. 702 hearing and trial. $ 1,885.93
2. Plaintiff Allstate's half share of expert witness fees of Louis Gahagen of Patrick J. McGinley Associates in connection with his expert testimony at trial. $ 220.00
3. Fees for black and white and color enlargements of trial exhibits used at trial. $ 0.00
4. Court reporter's attendance fee and costs of preparing the transcript of the depositions of Gary Rhoads and James Enfield excerpts of both of which were introduced at trial. $ 0.00
5. Court reporter's attendance fee and costs of preparing the transcripts of the deposition of Richard Bessler excerpts of which were introduced at trial. $ 0.00 __________ TOTAL ALLSTATE PLAINTIFF $ 2,105.93 ==========
CONSOLIDATED TOTAL $10,382.21
The following costs will awarded to Defendant Southern States:
1. Trial testimony of William Mahre, expert: $ 2,100.00
2. Trial testimony of Walter I. Hofman, M.D., expert (50%): $ 1,811.50
3. Trial testimony of Robert F. Minnehan, expert (50%): $ 480.00
4. Attempted service of subpoenas on April Reh and Detective Gordon Bowers: $ 60.00 __________ TOTAL $ 4,451.50
IT IS SO ORDERED.